VCS/humberside airport

Lordb9

I have recently received a PCN from VCS for a no stopping offence. I wasn't the driver. I have read many threads on here and will appeal as I believe that this in the circumstances of the airport is punitive and unfair. The driver stopped for 30 secs to drop off a passenger to catch the public bus service (we live in a very rural area and this is inky way to get to that stop). The Driver was photographed and a PCN for 60 pounds issued within 4 days. The PCN also stated Keeper liability for the debt.

The question before I appeal is, how many similar tickets have been successfully appealed at this location recently. I ask recently because things do change from time to time and I am aware of a test case judgement on this is pending. Thus don't want to escalate the value of a debt without a good chance of success.

The second question is what recourse do I have with the private bus company, we have no other choices really but to drive to that stop, and unless my passenger bails out on the move it is impossible to use this public service without the risk of a penalty each time. This is surely entrapment isn't it?

Your advice would be most welcome.

Redx

1) dozens , hundreds or possibly thousands !! ; lol (check the successful popla appeals thread in the CRABMAN sticky thread for details, also use the forum search for similar airports or the same one)

2) in theory it is, but no laws exist apart from local bylaws they do not enforce , so they enforce in this non-relevant manner , which is why they lose at popla , never mind the not a gpeol , not relevant land so POFA 2012 doesnt apply , etc

but as a driver , if its no stopping , then its no stopping , irrelevant as to your circumstances , but I am sure they provide dropoff points there somewhere , which I have always found to be "free"

they certainly say they have them at other sites like JLA

its a private road so the bus company is irrelevant

its not actual entrapment as you are not being invited to stop or park in the bus lay-by (which is for buses only) , it will probably have yellow or red lines to deter stopping or parking too

yes you will get a ticket each and every time you stop there, from the camera cars with the periscopes I would imagine

I know of no test cases pending for RHA , JLA , Luton or Humberside or anywhere else of a similar nature (like ports)

Coupon-mad

Welcome! THIS IS NOT A PENALTY.

- read the NEWBIES thread at the top of the forum.

- appeal as per the newbies thread template for first appeals to the PPC.

- win at POPLA like everyone here does using our wording (post #3 of the same thread).

No links - it's at the top of the forum.

TBH you'd have been better to just search the forum for 'Humberside Airport' to find loads and loads of cases won at POPLA - loads of threads are out there already with their wording waiting for you to copy at POPLA stage. Don't know what POPLA is? Then you need to read the sticky thread at the top!

HO87

+1

Additionally, VCS are not entitled to make any reference to the Protection of Freedoms Act 2012 in their correspondence in relation to any such infraction at the airport because the airport and its environs are not "relevant land" for the purposes of the Act. It is not "relevant land" because it is subject to the provisions of byelaws (these may be found on this link) as a consequence of which they cannot rely on the keeper liability provisions included in the Act.

Presumably, the driver was photographed by a member of VCS's staff either on foot or in one of their "camera" cars? In either event did that person make any effort to stop you pulling up or encourage you to move on? I suspect not and yet VCS will ultimately seek to pursue you for their (or their principal's) purported losses regardless of the fact that, as a prospective party to proceedings, they have a duty to mitigate such a loss. Something they should well remember given the wigging they got from Judge McIlwaine at Scun.thorpe County Court - only just down the road for goodness sake - when they brought a case in similar circumstances.

The case was roundly dismissed and VCS's MD was summonsed before the Judge to explain what he thought he was doing. You wouldn't think that these things would so readily slip from the mind would you? The case is well known, not because of the defendant's efforts (Mr Ibottson - well done, Ron) in defeating them but because it was suggested to VCS's legal representative, by the judge, that if she persisted in one particular line that he would adjourn the case advising her that she would need to bring a toothbrush with her when the hearing resumed. She desisted, of course.